KNX 1070: Can My California HOA Regulate E-Bikes and E-Scooters?

Skyrocketing costs tied to the Balcony Law, California’s insurance crisis, massive post-COVID inflation, and more are pushing increasingly cash-desperate California HOAs to shut down or cut back on homeowner use of large amenities like pools, tennis courts, clubhouses, and equestrian facilities. In this episode, attorney Michael Kushner, California’s most respected and experienced homeowner-side HOA attorney, explains whether your HOA can get rid of or limit homeowner use of an amenity, and what has to happen before it does. What You’ll Learn in This Episode: ✅ The three scenarios that determine whether your board, your fellow homeowners, or a CC&R amendment decides whether an amenity can be eliminated or limited.✅ Whether rising insurance premiums and other money pressures let your HOA stop paying to maintain an amenity.✅ How fiduciary duty and the business judgment rule apply even in cases where an HOA might have the power to shorten pool season or close tennis courts on its own.✅ Why it matters if your HOA advertised its pool, tennis courts, or equestrian facilities to attract buyers to the community. Is your HOA talking about closing or cutting back an amenity? This episode helps you figure out whether it has the authority to do it before it acts. HELPFUL LINKS: “Can a California HOA Close the Pool or Other Amenities?”https://mbkchapman.com/california-hoa-close-pool-amenities-fact-sheet/ “Can a California HOA Convert Tennis Courts Into Pickleball Courts?”https://mbkchapman.com/california-hoa-pickleball-court-conversion-fact-sheet/ 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER:  This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. ABOUT:  Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.  💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #HOAamenities #HOApool #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #hoaproblems #hoawars #homeownerproblems 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains your rights when your HOA orders you to a violation hearing. If your HOA skips even one required step, it can’t enforce the fine or any other discipline it imposes. Kushner also shares the one thing you can do to prevent the board from fining you, as well as the limit on how much your HOA can fine you after AB 130.  🎯 What You’ll Learn in This HOA Q&A: ✅ The one step you can take that bars your HOA from fining you, no matter what the board decides at the hearing.✅ When a board member who has to leave the room and can’t vote on your discipline.✅ AB 130’s dollar cap on most HOA fines, and the only way your board can get around it. This Q&A covers the rights you have before, during, and after an HOA violation hearing. HELPFUL LINKS: “What are My Rights at a California HOA Violation Hearing?”https://mbkchapman.com/california-hoa-violation-hearing-rights-fact-sheet/ 🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.  💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #AB130 #HOAHearing #HOAFines #HOAViolations #DavisStirlingAct #BadHOA #HOADisputes #HOALaw #CaliforniaHOA #HOAhell 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

People who live in HOAs often ask who has to pay when the HOA’s landscaper, painter, plumber, or other vendor or contractor damages their home or personal property (e.g., their fence, gate, pipes, roof, landscaping, or the belongings inside their home). In this episode, attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer in California, explains when your HOA has to pay for damage its contractors or vendors cause and when you can go after the HOA, the contractor, or both. What You’ll Learn in This Episode: ✅ How Civil Code §§ 1714 and 2338 help you determine who you can sue if the HOA’s landscaper, painter, plumber, or other contractor damages your property. ✅ How the legal concept called “privity” decides which claims you can only bring against your HOA and which ones you can bring against its contractors.✅ Whether you can sue your HOA’s management company for ignoring you.✅ How the law treats damage to your walls, windows, and pipes differently from damage to your grandmother’s armoire, your piano, or your paintings. THE FIVE GEMS FROM THIS EPISODE: 1. The contractors your HOA hires are doing the HOA’s work.2. Sometimes you can sue both the HOA and the contractor, and sometimes only one.3. The law treats your home differently from your personal belongings (i.e., your stuff).4. “Privity” means being a party to the contract.5. Breach of contract and negligence are different claims, and which one applies decides whom you can sue. HELPFUL LINKS: “Is My California HOA Responsible When Its Contractor Damages My Home?”https://mbkchapman.com/california-hoa-contractor-damage-fact-sheet/ 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER:  This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. ABOUT:  Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.  💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #HOAcontractor #HOAplumber #HOAlandscaper #HOAdamage #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

In the final part of KNX News reporter Steve Gregory’s 5-part series on California HOAs, California’s most prominent homeowner-side HOA attorney, Michael Kushner, breaks down the serious concerns revolving around Flock cameras and license plate readers now showing up in HOAs across the state. These cameras photograph and log every car that enters and exits, and the real concern isn’t the cameras, it’s the data, who holds it, who can pull it, and what those with access do with it. Kushner even walks through a case where a board member is suspected of using the system to stalk a resident. This segment covers whether an HOA can legally run these cameras, the obligations it takes on when it does, and the first move to make if you think someone is breaking the law by invading your privacy. 🎯 What You’ll Learn in This Segment: ✅ Whether it’s even legal for an HOA to install Flock cameras and license plate readers on the common area.✅ The written policy an HOA has to post publicly, and what its absence means.✅ The first step Kushner says to take if you suspect someone is using the camera data to track you illegally. HELPFUL LINKS: “Can My California HOA Share My License Plate Data With the Police?”https://mbkchapman.com/hoa-sharing-flock-camera-data-fact-sheet/ “Can My California HOA Track My License Plate With Flock Cameras?”https://mbkchapman.com/california-hoa-flock-cameras-license-plate-fact-sheet/ “When Your HOA Installs Flock Cameras, California Law Does Little to Protect Your Privacy”https://mbkchapman.com/hoa-flock-cameras-privacy-fact-sheet/ 🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #SteveGregory #KNX #AM1070 #HOAPrivacy #FlockCameras #ALPR #HOALaw #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

In part 4 of KNX News reporter Steve Gregory’s 5-part series on California HOAs, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains how far an HOA can go in regulating e-bikes and scooters. E-bike-related accidents and fires are gaining increasing attention across the state as ER visits rise steeply, and HOAs are scrambling to pass rules regulating their use in the common areas.  Many residents living in HOA-governed communities now want to know what their HOAs can do about the kids tearing down common area sidewalks at full speed. This segment from KNX news seeks to explain the line between the common areas an HOA controls and the private property it doesn’t, and lays out what an HOA can enforce when it comes to e-bikes, e-scooters, and e-motorcycles. 🎯 What You’ll Learn in This Segment: ✅ What an HOA can require of e-bike and scooter riders once they enter the common areas.✅ The line between where an HOA can regulate riding and where it has no say at all. HELPFUL LINK(S): “Can My California HOA Ban or Regulate E-Bikes and E-Scooters?”https://mbkchapman.com/hoa-e-bike-rules-fact-sheet/ “Can My California HOA Ban or Fine Me for My Kid's E-Bike or E-Scooter?”https://www.youtube.com/watch?v=lERHpBEl3gc&t=3s 🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell]#SteveGregory #KNX #AM1070 #HOAeBikes #HOAScooters #HOALaw #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

Is your HOA run by a director who patrols the neighborhood with a clipboard, a tape measure, and a camera? In this episode, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, takes on a listener’s complaint about exactly that kind of HOA and names the #1 reason bad HOAs exist and persist.Living in a good HOA can be a good way to live. Living in a bad HOA is HOA HELL. And the difference starts with you.You’ll Learn in this Episode:✅ The single factor that lets bad HOAs exist and persist.✅ The importance that the annual disclosures serve in turning your bad HOA into a good HOA.✅ The grass-height rule, the director with a ruler, and the line between enforcing a rule and abusing it.✅ The recall process, and how 1 or 2 engaged neighbors can grow into enough votes to remove bad directors. If you’re tired of living in a bad HOA, this episode gives you a place to start. HELPFUL LINKS: “HOA Recalls in California: How Homeowners Can Remove Their HOA Board”https://mbkchapman.com/hoa-recalls-in-california-fact-sheet/ “HOA Recalls in California: The Power to Remove Your HOA Board”https://mbkchapman.com/california-hoa-recall-board/ “Mandatory Annual Disclosures that CA HOAs Must Make to Members”https://mbkchapman.com/california-hoa-annual-disclosures/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER:  This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. ABOUT:  Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.  💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #HOAboard #HOAapathy #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #hoaproblems #hoawars #homeownerproblems 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

In part 3 of KNX News reporter Steve Gregory’s five-part series on California HOAs, California’s #1 homeowner-side HOA attorney, Michael Kushner, takes on a San Diego HOA that banned the American flag. Chris and Amy Cooke have flown their flag on the side of their garage for more than 20 years to honor those who served and died for the country. Then one neighbor’s Padres playoff flag drew a complaint, that complaint snowballed into a total flag ban, and the Ambiance Owners Association started threatening fines until the flags came down. The Davis-Stirling Act protects the American flag with only one narrow exception, and this segment shows what happens when a board ignores it. 🎯 What You’ll Learn in This Segment: ✅ The single exception in the Davis-Stirling Act that lets an HOA restrict the American flag, and how rarely it applies.✅ Where a flag on a garage or patio falls when it sits on exclusive use common area.✅ So I served the board with a 10-page demand. Since the segment aired, the HOA backed down. Mark that as another win for the homeowner.HELPFUL LINKS: “Can a California HOA Ban the American Flag? A San Diego Fight Goes National”https://mbkchapman.com/hoa-american-flag-fact-sheet/ 🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #SteveGregory #KFI #AM640 #HOAFlag #FlagBan #AmericanFlag #DavisStirlingAct #CaliforniaHOA #BadHOA #HOAhell 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

Is your HOA spending reserve money on things it’s not supposed to? In this episode, attorney Michael Kushner, California’s #1 homeowner-side HOA attorney, breaks down which money has to go into your HOA’s reserve account, the short list of things your HOA can spend it on, and how bad HOAs frequently misuse the reserve account to pay for things like ordinary landscaping, insurance premiums, and leaking water spigots. When reserve money is misspent on prohibited items, one way or another, homeowners end up having to pay to replace the money. What You’ll Learn in this Episode: ✅ The interest your HOA’s reserve account earns, and what it means when that money ends up in the operating account.✅ The four things Civil Code § 5510 lets your HOA spend reserve money on.✅ The mistake in the Davis-Stirling Act over whether your HOA can use reserve money to build something new, like pickleball courts.✅ The two ways your HOA has to make up the shortfall when it spends reserve money on the wrong things. If your HOA is paying for something out of reserves and you’re not sure it’s allowed to, this episode tells you how to find out. HELPFUL LINKS: “What Can My California HOA Legally Spend Reserve Funds On?”https://mbkchapman.com/hoa-reserve-funds-spending-fact-sheet/ “What Can My California HOA Legally Spend Reserve Funds On?https://mbkchapman.com/hoa-reserve-funds-spending-fact-sheet/ “Can You Hold HOA Board Members Personally Liable in California?”https://mbkchapman.com/hoa-board-member-personal-liability-california-fact-sheet/ “Can My California HOA Borrow From Reserves?”https://mbkchapman.com/hoa-borrow-from-reserves-california-fact-sheet/ 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER:  This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. ABOUT:  Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.  💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #HOAreserves #specialassessment #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

In part 2 of KNX News reporter Steve Gregory’s 5-part series “Behind the Gate” series on California HOAs, California’s most prominent homeowner-side HOA attorney, Michael Kushner, walks him through what homeowners can and can’t say about their HOAs, both online and during open meetings. More than 14 million Californians live under an HOA, and social media has turned into the place where fed-up residents vent, complain, and name names. Some HOAs have tried passing anti-disparagement rules prohibiting online criticism of their activities, but those provisions are illegal under the Davis-Stirling Act. Tune in to find out what happens when those HOAs try to stifle homeowner speech. 🎯 What You’ll Learn in This Segment: ✅ The one thing that has to be true before a statement about a board member counts as defamation.✅ What your HOA has to prove before it can lawfully shut off your mic during open forum.✅ The kinds of speech that fall outside the protection when you step up to the podium. So what happens when you post about a board member, or stand up at a meeting to call one out and the board tries to cut your mic or discipline you? HELPFUL LINKS: “Can My California HOA Fine Me for Criticizing It on Social Media?”https://mbkchapman.com/can-hoa-fine-you-social-media-california-fact-sheet/ 🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes &  Noble [https://www.barnesandnoble.com/s/hoa%20hell] #SteveGregory #KFI #AM640 #HOAOpenForum #HOASpeech #HOALaw #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

Bad HOAs all over California are using the emergency exception to push through massive special assessments without an otherwise required homeowner vote, and sometimes even after homeowners voted one down. In this episode, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains how the emergency exception works (including what it is an exception to) and how homeowners can tell whether their HOA’s emergency excuse qualifies. What You’ll Learn in This Episode: ✅ How Civil Code § 5605 limits what HOA boards can assess without a homeowner vote.✅ The 3 narrow situations where Civil Code § 5610 lets HOAs skip the membership vote and impose a large assessment.✅ Whether HOAs can use the emergency exception to pay for a sudden spike in insurance premiums.✅ How decades of deferred maintenance often precede an HOA board’s reliance on the emergency exception. ✅ What Civil Code § 5615 requires before HOAs can collect, and what homeowners must do before challenging the legality an assessment. If your HOA has justified a new assessment as an “emergency” assessment, this episode shows you how to test that claim. HELPFUL LINKS: “Is My California HOA’s Emergency Special Assessment Legal?”https://mbkchapman.com/california-hoa-emergency-special-assessment-fact-sheet/ “What Happens If I Can’t Afford My California HOA’s Special Assessment?”https://mbkchapman.com/cant-afford-hoa-special-assessment-fact-sheet/ “Can My California HOA Charge a Special Assessment for Rising Insurance Costs?”https://mbkchapman.com/california-hoa-special-assessment-insurance-fact-sheet/ “The Impact of Rising Insurance Costs on California HOAs”https://mbkchapman.com/rising-hoa-insurance-costs-california/ “California HOA Special Assessments: Why Your Dues Keep Rising and a Huge Bill May Be Coming”https://www.youtube.com/watch?v=x647Oz9zPkE “$49,000 HOA Special Assessment: Why They’re Exploding in California (ABC7)”https://www.youtube.com/watch?v=G4hX_PHQVQs&t=40s “California HOA Hits Retired People with $26,000 Special Assessment | Michael Kushner on ABC 7”https://www.youtube.com/watch?v=w7RN789iKCY&t=26s 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER:  This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. ABOUT:  Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.  💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #SpecialAssessment #EmergencyAssessment #HOAHealthandSafety #BalconyLaw #BalconyInspections #HazardousConditions #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/